Anticipating Possible TikTok Restriction: Steps to Take in Advance
As creators are wrapping up 2024 and planning for 2025, a pressing concern arises - the possibility of a TikTok ban, which is just around the corner in two weeks.
President-elect Donald Trump has petitioned the Supreme Court to postpone enacting legislation that may lead to TikTok's ban or forced sale. He argues that he needs leeway after assuming office to negotiate a "political resolution." The Court will deliberate on the case on January 10th.
For creators and brands that have grown their businesses on TikTok, it's not just wise but imperative to prepare for a ban. Disclaimer: I am not a legal expert, and the following suggestions stem from experience in the industry.
Legal Matters to Consider
Creators and brands should prioritize reviewing and revising their legal contracts. Any partnership or sponsorship agreements should include provisions addressing TikTok's potential unavailability. This involves arranging backup platform requirements and clearly defining compensation adjustments if deliverables can't be posted on the original platform.
Scrutinizing Force Majeure clauses in existing contracts becomes crucial. These provisions can dictate how partnerships proceed if TikTok becomes unavailable. Creators and brands should engage in proactive conversations about contingency plans with their partners rather than waiting for a crisis.
Protecting Your Brand and Intellectual Property
Swift actions for brand protection include securing usernames on forthcoming platforms such as Threads and Bluesky. For creators yet to safeguard their intellectual property, trademark registration should be a top priority for early 2025.
Content protection requires prompt action. Creators should safeguard their TikTok content and ensure they retain access to their creative assets regardless of platform availability. This includes:
- Video content
- Performance statistics
- Audience engagement data
- Partnership history
Communication with Audiences and Platform Migration
Effective communication becomes indispensable during platform transfers. Creators should plan explicit strategies for informing their followers if TikTok becomes inaccessible. This includes providing clear directions to alternative platforms and establishing backup communication channels.
Managing Information
In times of instability, differentiating reliable information from speculation becomes vital. Creators should focus on monitoring:
- Official ByteDance statements
- U.S. government press releases
- Established legal news sources
Avoiding speculative social media commentary and clickbait becomes crucial for making well-informed business decisions.
Building Platform Autonomy
The potential TikTok ban underscores the inherent dangers of platform dependence in the creator economy. Creators ought to utilize this moment to think about constructing more resilient business models:
- Producing direct-to-consumer goods
- Developing owned media like email newsletters
- Cultivating private communities
- Establishing platform-agnostic brand collaborations
Strategic Considerations for the Long Term
While the immediate attention is focused on TikTok, the lessons learned apply to all digital creators. Whether or not a ban materializes, building platform autonomy and direct audience connections will foster a more enduring creator business.
In the face of potential TikTok restrictions, innovative creators and brands should proactively revise contracts and incorporate clauses addressing the platform's unavailability, ensuring a smooth transition to alternative platforms if necessary. Moreover, prioritizing intellectual property protection by securing usernames on emerging platforms and registering trademarks early in 2025, will safeguard the creator economy and empower its innovators to maintain autonomy in the digital landscape, regardless of platform instability.
